Terms and Conditions
Agreement between User and www.shopcigarsnow.com
Welcome to www.shopcigarsnow.com. The www.shopcigarsnow.com website (the "Site") is comprised of various web pages operated by Shop Cigars Now LLC. www.shopcigarsnow.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.shopcigarsnow.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.shopcigarsnow.com is an E-Commerce Site.
Retail tobacco products, premium cigars, machine made cigars, vape, e-cigarettes, humidors, cigar cutters, lighters and accessories
Electronic Communications
Visiting www.shopcigarsnow.com or sending emails to Shop Cigars Now LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Shop Cigars Now LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Shop Cigars Now LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Shop Cigars Now LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.shopcigarsnow.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Any item can be returned within 14 days of purchase for a refund, minus shipping charges.
Item must be sealed and in an unused condition for we to be able to make a full refund.
Links to Third Party Sites/Third Party Services
www.shopcigarsnow.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Shop Cigars Now LLC and Shop Cigars Now LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Shop Cigars Now LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shop Cigars Now LLC of the site or any association with its operators.
Certain services made available via www.shopcigarsnow.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.shopcigarsnow.com domain, you hereby acknowledge and consent that Shop Cigars Now LLC may share such information and data with any third party with whom Shop Cigars Now LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.shopcigarsnow.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.shopcigarsnow.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Shop Cigars Now LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Shop Cigars Now LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Shop Cigars Now LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Shop Cigars Now LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Shop Cigars Now LLC or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Shop Cigars Now LLC has no obligation to monitor the Communication Services. However, Shop Cigars Now LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Shop Cigars Now LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Shop Cigars Now LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Shop Cigars Now LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Shop Cigars Now LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Shop Cigars Now LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Shop Cigars Now LLC spokespersons, and their views do not necessarily reflect those of Shop Cigars Now LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.shopcigarsnow.com or Posted on Any Shop Cigars Now LLC Web Page
Shop Cigars Now LLC does not claim ownership of the materials you provide to www.shopcigarsnow.com (including feedback and suggestions) or post, upload, input or submit to any Shop Cigars Now LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Shop Cigars Now LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Shop Cigars Now LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Shop Cigars Now LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Shop Cigars Now LLC account to third party accounts. By connecting your Shop Cigars Now LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Shop Cigars Now LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Shop Cigars Now LLC Content accessed through www.shopcigarsnow.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Shop Cigars Now LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Shop Cigars Now LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Shop Cigars Now LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Shop Cigars Now LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHOP CIGARS NOW LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SHOP CIGARS NOW LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SHOP CIGARS NOW LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOP CIGARS NOW LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHOP CIGARS NOW LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Shop Cigars Now LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shop Cigars Now LLC as a result of this agreement or use of the Site. Shop Cigars Now LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Shop Cigars Now LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Shop Cigars Now LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Shop Cigars Now LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Shop Cigars Now LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Shop Cigars Now LLC reserves the right, in its sole discretion, to change the Terms under which www.shopcigarsnow.com is offered. The most current version of the Terms will supersede all previous versions. Shop Cigars Now LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Shop Cigars Now LLC welcomes your questions or comments regarding the Terms:
Shop Cigars Now LLC
_________________
Miami, Florida 33132
Email Address:
shopcigarsnow@gmail.com
Effective as of January 23, 2023
Age Verification Process:
- When you attempt to purchase tobacco products on our website, you will be prompted to go through an age verification process powered by Token of Trust.
- Token of Trust is a third-party age verification service that will check your age and identity to ensure you meet the legal requirements to purchase tobacco products in your jurisdiction.
- To complete the age verification process, you may be required to provide some personal information, such as your name, date of birth, and government-issued ID information.
- Token of Trust will use this information to verify your age and identity against relevant databases and records. They may also use advanced algorithms and techniques to prevent fraud and identity theft.
- Your personal information will be securely handled and stored in accordance with Token of Trust's privacy policy and applicable data protection laws.
- If Token of Trust successfully verifies your eligibility, you will be able to proceed with your purchase on our website.
- If Token of Trust cannot verify your age and identity, you will not be allowed to purchase tobacco products on our website.
Privacy and Data Security:
- We take your privacy and data security seriously. Token of Trust is responsible for securely managing and storing the information you provide during the age verification process.
- Token of Trust follows strict data protection laws and industry best practices to ensure the confidentiality and security of your personal information.
- For more details on how Token of Trust handles your data, please refer to their privacy policy, which can be found on their website.
Additional Information:
- Please note that the age verification process is necessary to comply with legal requirements and to ensure that we do not sell tobacco products to individuals who are underage.
- If you have any concerns or questions regarding the age verification process or your personal information, please don't hesitate to contact our customer support team for assistance.
End User Terms Of Service
Customer’s Choices and Instructions
An organization or other third party that we refer to in these User Terms as “Customer” has invited you to sign up for a Token of Trust® account. This Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Customer to extend the service for you and others to use. Each individual granted access to use the System, including you, is an “Authorized User”.
When you use a Customer site or application (collectively, “Applications” or “App”), the Customer may ask for your permission to access your content on Token of Trust (“User Content”). In accordance with our Customer Contract, our agreement with that Customer application will control how Applications can use User Content. When an Authorized User grants permission for Applications to access User Content, you acknowledge and agree that any User Content stored by Customer is owned by Customer. Customer is therefore responsible for proper handling and management of Authorized User Data. You agree not to hold Token of Trust liable for Customer handling or mishandling of User Content.
The Relationship Between You, Customer and Us
AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. TOKEN OF TRUST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.
Account Activation and System Use
To use the System, you must sign up for an account through a Token of Trust® widget provided on a Customer website (“Widget”), through our Site, or through any portal we make available for sign-in.
In order to register with the system, you must permit Token of Trust® to access your identity data from an “identity source.” An “Identity Source” may be a participating third party platform (such as Facebook®, PayPal®, Google+®, or LinkedIn®), confirmed ownership of an email address or phone number, or supplied images of an identity document (such as a government-issued photo ID, passport, national ID card, or driver’s license) containing your credentials. After you create your Account, you may link additional additional identity sources to your Token of Trust. You must have valid, current credentials with each of the identity sources you link to your Token of Trust account and acknowledge that all information from those online platforms will be collected as described in our Privacy Policy. So long as you continue to use the System, you agree to the occasional collection of this information from your accounts with these third party online platforms.
The System is not intended to be used by anyone not able to form legally binding contracts (for example, if you are under 18 years old). By creating an Account, you are representing that (1) the information you submitted is accurate and truthful, (2) you are able to form legally binding contracts, (3) you are at least 18 years old, and (4) you meet all our eligibility requirements set forth in these Terms.
You are responsible for maintaining the credentials associated with your Account and are fully responsible for all activities that occur under your Account, including all activities accessed from online accounts you link to your Token of Trust® account. You must immediately notify us of any unauthorized use of your Account or any unauthorized use of third party platform accounts associated with your Account.
Closing Your Account
Deactivation. You may deactivate your Token of Trust® account at any time. When your Token of Trust® account is deactivated, your User Content is restricted from Customers. We may also deactivate our Service to you at any time, with or without cause.
Deletion. You may additionally request that we permanently erase your account and all personal data associated with it, including your communications from our Service. If you have chosen to erase your account, your account will be immediately “deactivated”. We will permanently delete the account and all the personal data associated with it within 30 days assuming there is no legal requirement or basis for retention beyond that time.
Intellectual Property
Use of the System. You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the Site, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
All content included as part of the System, such as text, graphics, trademarks, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
Feedback and Improvements. If you provide use any feedback, suggestions or ideas and comments on how we can improve the Site, System or its components (“Feedback”), you grant to us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use the Feedback for any purpose and without any obligation to compensate you.
Token of Trust® Reputation Report
As described above, once you have successfully registered a Token of Trust account, you will be deemed “connected” or have a “pending verification” from us. A registered Token of Trust account begins with the creation of a Reputation Report. Your Reputation Report is a collection results derived after analyzing data extracted from one or more Identity Sources you’ve permitted access to. Customers you’ve permitted to access your Reputation Report may use the Reputation Report to help inform Customer decisions. After your user content has been reviewed by our system and once our verification criteria are met, your status may change to include a variety of verification credentials (such as “online activity verified” or “real world verified.”) For each additional Identity Source you link to your Account through successfully signing in, you represent and warrant that you are the owner of the additional Identity Source. Once your Account has been created, your Reputation Report will be also be created. In order to create your Reputation Report, the System will evaluate, through our algorithms, what information is available through each account and will run that information against itself to create either a “Builder of Confidence” or a “Reason to be Careful.” In the event you want to limit others ability to review your Reputation Report, you may sign on to your Account through the Site.
We may provide you with the ability to contest or disclaim information contained in the Reputation Report by following the instructions provided by the System. You agree, however, that we do not have any obligation to update information in the Reputation Report following your inquiry and there is certain information contained in the Reputation Report that cannot be modified by us. In some cases, the only way to update your Reputation Report is through your conduct on the other online platforms linked to your Account at the time.
We do not independently investigate any information contained in the Reputation Reports and all information is generated by an algorithm and not reviewed prior to the creation of the Reputation Report. TOKEN OF TRUST DISCLAIMS ANY LIABILITY FOR RELIANCE ON INFORMATION CONTAINED IN REPUTATION REPORTS OR ANY SPECIFIC INFORMATION CONTAINED IN BUILDERS OF CONFIDENCE OR REASONS TO BE CAREFUL.
Payment for Additional Identity Verification
We may offer the ability for you to continue to build your Reputation Report by adding additional identity sources to your account, such as a driver’s license or passport, for a fee. We may utilize a third party to process all payment information, but by providing your payment information to us, you represent that you are the owner of the account with authority to make the required payment. If the payment is rejected, we may not offer you the ability to provide additional information and in the event we provide any additional services for a fee and you fail to continue to make payments, we may downgrade your account to the free level.
Foreign Transaction Fees. We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
Authorized User Content on the System and Use of Reputation Reports
To the extent the System allows you to comment or otherwise post regarding content on the Site (“User Content”), you may not post User Content that:
Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; or inflammatory;
You know (or reasonably should know) is false, deceptive or misleading;
Contains information that could be used for identity theft purposes, such social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;
Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
Violates any applicable local, state, national, or international law.
By posting User Content on the System, you are granting us a non–exclusive, worldwide, full paid–up and royalty–free, fully assignable, transferable and sub licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the System, you represent and warrant that the posting of your User Content does not violate these Terms of Service or applicable laws.
Token of Trust does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit or remove any User Content, in whole or in part, at our sole discretion.
UNDER NO CIRCUMSTANCES SHALL TOKEN OF TRUST OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what Authorized Users post and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal User Content on the System.
Reporting Suspicious Activity
Although we retain the right to investigate any suspicious activity using the System, and may involve law enforcement as described in our Privacy Policy, we do not have any obligation to investigate any suspicious activity reported using the “Report Abuse” link. In the event we do investigate any reported activity, we have, in our sole discretion, the ability to Deactivate your Account and prohibit you from using our System for any fraudulent or misleading activities on the System.
Links to Other Websites and Connecting through Social Media
The System may by hosted on a third party website as a Widget or contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the System or use of the System as a Widget on a third party website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You may also be able to connect your Account to third party applications, such as Facebook and Twitter. By connecting through such third party account, you acknowledge and agree that you are consenting to the occasional release of information about you to others (in accordance with your privacy settings on those third party applications). If you do not want information to be shared, do not use those sites or that feature.
Indemnification
You agree to indemnify, defend and hold harmless Token of Trust, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Electronic Communications
Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your Authorized User preferences. There are certain system-generated notices that you cannot opt out of without deactivating your account.
You should be reminded that email and other forms of electronic communication may not necessarily be secure against interception. You agree to never send sensitive personal data (such as your Social Security number or images of ID Documents) to us via email or using forms of communication outside of our system.
Cooperation with Laws and Law Enforcement Requests
Token of Trust will cooperate with law enforcement authorities when required by applicable local laws. We may disclose to parties outside Token of Trust files stored on Token of Trust’s servers and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Token of Trust or its Authorized Users; or (d) to protect Token of Trust’s property rights.
Warranty and Limitation of Liability
TOKEN OF TRUST AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOKEN OF TRUST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOKEN OF TRUST AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOKEN OF TRUST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.
Local Laws; Export Control
We control and operate the Service from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the Service outside the United States of America, you are responsible for following applicable local laws. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law, Venue and Jurisdiction
These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Service, the Privacy Policy, and any legal notices on this System must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Survivability
Even if this Agreement is terminated, the following sections will continue to apply: “Intellectual Property,” “Indemnification,” “Cooperation with Laws and Law Enforcement Requests,” “Warranty and Limitation of Liability,” “Local Laws; Export Control,” “Governing Law, Venue and Jurisdiction,” “Survivability,” and “Privacy Policy and Miscellaneous Terms.”
Privacy Policy and Miscellaneous Terms
These Terms of Service, together with our Privacy Policy are the entire agreement between you and us related to your use of the System.
Contact Information
To contact us, please complete our contact form.